Understanding Wrongful Death in San Jose

Under California law, wrongful death is specifically a death caused by the negligent or wrongful acts of one or more other parties. Although many people in San Jose believe wrongful death and accidental death are the same thing, they are significantly different under the law. If you are uncertain about whether you need legal support to collect for the loss of a loved one, an initial consultation with San Jose wrongful death attorney Fernando V. Hernandez can help clarify your options.

Accidental death claims in San Jose are strictly insurance issues

There are several major considerations that identify an accidental death case:

• Special insurance coverage is required.  Individuals must purchase accidental death coverage to allow beneficiaries to collect a defined amount of death benefits.
• Any named beneficiary can collect.  Anyone named by the policy holder can receive benefits. There are no requirements to disallow naming non-family members in a policy.
• Fault is not an issue. Although the death may be the result of a negligent act by someone else, this is not a requirement for beneficiaries to receive benefits. As long as the victim has not committed suicide or an intentional act that causes his or her death, beneficiaries can collect against the policy.

Accidental death claims are often straightforward. But, if you have any concerns while dealing with an insurance company, Fernando V. Hernandez can help.

San Jose wrongful death claims typically require attorneys

Wrongful death is distinctly different from accidental death, requiring the skills of experienced wrongful death attorneys to prove liability and loss for certain individuals affected by the death of a loved one in San Jose. Just a few examples of wrongful death situations include the following:

• Death resulting from an accidental injury caused by the negligence of someone else.
• Surgical or other medical treatment errors resulting in death.
• Death resulting from criminal actions, regardless of intent.

These claims can quickly become complex without the experience of San Jose accident attorneys. Wrongful death attorneys may be required to provide evidence of multiple parties who shared responsibility for a loss.

A significant potential complication is that wrongful death claims are often pursued against individuals who are subject to criminal prosecution for their actions. San Jose wrongful death lawyer Fernando V. Hernandez has the extensive experience and skills needed to help families pursue the compensation they deserve—even if the responsible party manages to obtain an innocent verdict in criminal court.

Contact an experienced wrongful death lawyer in San Jose

No amount of money can truly compensate for the loss of a loved one. But wrongful death attorney Fernando V. Hernandez can help families in the San Jose area pursue compensation that is critical to moving forward after a tragic loss. Contact us today to find out how he can assist in your situation. Most initial consultations are without obligation. Se habla español.